Table of Conents

ARTICLE 1
1.0 Title
1.1 Interpretation
1.2 Separability
1.3 Repeal of Conflicting Resolutions
1.4 Effective Date
1.5 Incorporation of Maps
1.6 Identification and Alteration of the Official Zoning Map
1.7 Replacement of Official Zoning Map
ARTICLE 2 INTENT AND PURPOSES
ARTICLE 3 CONSTRUCTION OF LANGUAGE AND DEFINITIONS
3.0 – 3.5 Construction of Language
3.6 – 3.153 Definitions
ARTICLE 4 ADMINISTRATION
4.0 Purposes
4.1 General Provisions
4.2 Zoning Inspector
4.3 Responsibilities of Zoning Inspector
4.4 Township Zoning Commission
4.5 Recommendations of Township Zoninig Commission:
Organization, Powers and Compensation of Commission
4.6 Public Hearings on Recommendations: Notice
4.7 Proposed Zoning Resolution to Regional Plannning Commission
Approval; Public Hearing if Resolution Disapproved; Certification
of Township Trustees
4.8 Changes in Text or Maps; Second Hearing
4.9 Amendments to Zoning Resolution; Procedure; Referendum
4.10 Ratification of Amendments to Township Zoning Plan
4.11 Township Board of Zoning Appeals; Compensation and Expenses
4.12 Powers of Township Board of Zoning Appeals
4.13 Rules, Organization and Meetings of Zoning Appeals Board
4.14 Duties of Zoning Inspector, Board of Zoning Appeal, Legislative
Authority and Courts on Matters of Appeal
4.15 Board of Township Trustees
4.16 Schedule of Fees
ARTICLE 5 ENFORCEMENT
5.0 General
5.1 Zoning Permits Required
5.2 Contents of Application for Zoning Permit
5.3 Approval of Zoning Permit
5.4 Submission to Director of Transportation
5.5 Expiration of Zoning Permit
5.6 Record of Zoning Permits
5.7 Failure to Obtain Zoning Permit
5.8 Construction and Use to be as Provided as Applications, Plans
and Permits
5.9 Complaints Regarding Violations
5.10 Entry and Inspection of Property
5.11 Stop Work Order
5.12 Zoning Permit Revocation
5.13 Notice of Violation
5.14 Ticketing Procedure
5.15 Penalties and Fines
5.16 Additional Remedies
ARTICLE 6 NONCONFORMITIES
6.0 Purpose
6.1 Incompatibility of Nonconformities
6.2 Avoidance of Undue Hardship
6.3 Certificates of Nonconforming Uses
6.4 Substitution of Nonconforming Uses
6.5 Single Nonconforming Lots of Record
6.6 Nonconforming Lots of Record in Combination
6.7 Nonconforming Uses of Land
6.8 Nonconforming Structures
ARTICLE 7 PROCEDURES AND REQUIREMENTS FOR APPEALS
AND VARIANCES
7.0 General
7.1 Appeals
7.2 Stay of Proceedings
7.3 Variances
7.4 Application and Standards of Variances
7.5 Additional Conditions and Safeguards
7.6 Public Hearing by the Board of Zoning Appeals
7.7 Notice of Public Hearing in Newspaper
7.8 Notice to Parties in Interest
7.9 Action by the Board of Zoning Appeals
7.10 Term of Variance
7.11 Authorized Variances
ARTICLE 8 AMENDMENT
8.1 General
8.2 Initiation of Zoning Amendment
8.3 Contents of Application for Zoning Map Amendment
8.4 Contents of Application for Zoning Text Amendment
8.5 Transmittal to Zoning Commission
8.6 Submission to Regional Planning Commission
8.7 Other Conditions Proponent to the Approval of Zoning Amendment
8.8 Submission to Director of Transportation
8.9 Public Hearing by Zoning Commission
8.10 Notice of Public Hearing in Newspaper
8.11 Notice to Property Owners by Zoning Commission
8.12 Recommendation by Zoning Commission
8.13 Public Hearing by Board of Township Trustees
8.14 Action by Board of Township Trustees
8.15 Effective Date and Referendum
ARTICLE 9 PROCEDURES AND REQUIREMENTS FOR CONDITIONAL
PERMITS; SUBSTANTIALLY SIMILAR USES; ACCESSORY
USES
9.0 Purpose
9.1 Contents of Conditional Use Permit Application
9.2 General Standards for All Conditional Uses
9.3 Public Hearing
9.4 Notice of Public Hearing
9.5 Notice to Parties of Interest
9.6 Action by the Board of Zoning Appeals
9.7 Supplementary Conditions and Safeguards
9.8 Expiration of Conditional Use Permit
9.9 Regulation of Accessory Uses
9.10 Definition
9.11 Features Noted as Accessory Uses and Structures
9.12 Accessory Use and Structures as Permitted Uses
9.13 Certificate for Conditional Use
9.14 Public Service Facility
9.15 Church
9.16 Cemetery
9.17 Attorney, Architect, Accountant, Engineer, Insurance Agency, Real
Estate, Tax Preparation Service and Bookkeeping Service Offices
and Other Similar Establishments
9.18 Veterinary Clinic and Kennel
9.19 Child Day Care Center Type A Family Day Care Home
9.20 Funeral Home
9.21 Boarding Home, Rooming House
9.22 Bed and Breakfast Homestay or Tourist Home
9.23 Mini-Storage Buildings
9.24 Airport
9.25 Golf Courses and Driving Ranges
9.26 Hotels and Motels
9.27 Transmitter/Receiver Towers
9.28 Cellular Telephone Communications Service
9.29 Housing for the Elderly
9.30 Convalescent and/or Nursing Home
9.31 Education Facilities
9.32 Firework Sales
9.33 Sewage Treatment
9.34 Public, Parochial Schools
9.35 Automobile Service Stations
9.36 Travel Trailer Park
9.37 Recycling Paper, Glass and Metal Products
9.38 Noncommercial Keeping of Livestock
9.39 Processing of Farm Products
9.40 Car Washes
9.41 Neighborhood Convenience Store
9.42 Night Clubs
9.43 Retail Sales Outlet
9.44 Wind Turbines
9.45 Off Road Vehicle Racing Track
ARTICLE 10 OFFICIAL ZONING FORMS
10.1 Application for Zoning Permit
10.2 Attachment A to Zoning Certificate Acknowledgement of Applicant
10.3 Application for Zoning Amendment
10.4 Approved Zoning Change Form
10.5 Notice of Zoning Action to Adjoining Property Owner
10.6 Petition for Zoning Referendum
10.7 Revocation of Zoning Permit
10.8 Application for Temporary Use Permit
10.9 Notice of Zoning Violation
10.10 Nonconforming Certificate
10.11 Application for Reasonable Alteration or Enlargement of a Nonconforming
Structure
10.12 Application for Appeal Board of Zoning Appeals
10.13 Application for Variance Board of Zoning Appeals
10.14 Application for Conditional Use Permit Board of Zoning Appeals
10.15 Conditional Use Certificate
10.16 Driveway Permit Application
10.17 Traffic Control and Indemnification
10.18 Berlin Township Pond Approvals
ARTICLE 11 ZONING DISTRICTS AND BOUNDARIES INTERPRETATION
11.0 Statement of Purpose
11.1 Establishment of Districts
11.2 Zoning District Map
11.3 Zoning Map Legend
11.4 Identification of Official Zoning Map
11.5 Interpretation of District Boundaries
ARTICLE 12 CONSERVATION/RECREATION DISTRICT (CR)
12.0 Statement of Purpose
12.1 Permitted Uses
12.2 Conditional Uses
12.3 Development Standards
12.4 Setback from Property Lines
12.5 Height Limitations
12.6 Required Parking
12.7 Signs
12.8 Site and Landscape Plan Review
12.9 Screen/Buffering
ARTICLE 13 AGRICULTURE/RESIDENTIAL DISTRICT (AG/RES)
13.0 Statement of Purpose
13.1 Principal Permitted Uses
13.2 Conditionally Permitted Uses
13.3 Development Standards
13.4 Required Parking
13.5 Signs
13.6 Accessory Structures
13.7 Home Occupation as a Conditionally Permitted Use
13.8 Water Retention Pond as a Conditionally Permitted Use
13.9 Accessory Uses
ARTICLE 14 SINGLE FAMILY SERVICED RESIDENTIAL (R-1) (R-1A)
14.0 Purpose
14.1 Principal Permitted Uses
14.2 Development Standards
14.3 Required Parking
14.4 Signs
14.5 Accessory Buildings
14.6 Home Occupation as a Permitted Use
ARTICLE 15 TWO FAMILY RESIDENTIAL DISTRICT (R-2)
15.0 Statement of Purpose
15.1 Principal Permitted Uses
15.2 Development Standards
15.3 Required Parking
15.4 Signs
15.5 Accessory Buildings
15.6 Home Occupation as a Conditionally Permitted Use
ARTICLE 16 MULTI-FAMILY RESIDENTIAL DISTRICT (R-3)
16.0 Statement of Purpose
16.1 Principal Permitted Uses
16.2 Site and Landscape Plan Review
16.3 Screening
16.4 Lot, Yard, Area and Building Requirements
16.5 Required Parking
16.6 Signs
16.7 Accessory Buildings
16.8 Development Standards for Multi-Family Dwellings
ARTICLE 17 MANUFACTURED HOME PARK (R-MH)
17.0 Statement of Purpose
17.1 Establishment Procedures
17.2 Principal Permitted Uses
17.3 Prohibited Uses
17.4 Site and Size Requirements
17.5 Maximum Density
17.6 Minimum Setback Requirements
17.7 Approval Procedures
17.8 General Standards for Manufactured Home Parks
17.9 Manufactured Home Park Requirements
ARTICLE 18 LOCAL COMMERCIAL DISTRICT (C-1)
18.0 Statement of Purpose
18.1 Principal Permitted Uses
18.2 Required Conditions
18.3 Conditionally Permitted Uses
18.4 Site and Landscape Plan Review
18.5 Screening/Buffering
18.6 Development Standards
18.7 Required Parking
18.8 Signs
18.9 Accessory Structures
ARTICLE 19 GENERAL COMMERCIAL DISTRICT (C-2)
19.0 Statement of Purpose
19.1 Principal Permitted Uses
19.2 Conditionally Permitted Uses
19.3 Development Standards
19.4 Site and Landscape Plan Review
19.5 Screening/Buffering
19.6 Required Parking
19.7 Signs
19.8 Accessory Structures
ARTICLE 20 COMMERCIAL RECREATION DISTRICT (C-3)
20.0 Statement of Purpose
20.1 Principal Permitted Uses
20.2 Conditionally Permitted Uses
20.3 Site and Landscape Review
20.4 Screening/Buffering
20.5 Development Standards
20.6 Required Parking
20.7 Signs
ARTICLE 21 PROFESSIONAL AND BUSINESS OFFICE DISTRICT (PBO)
21.0 Statement of Purpose
21.1 Principal Permitted Uses
21.2 Required Conditions
21.3 Site and Landscape Plan Review
21.4 Screening/Buffering
21.5 Development Standards
21.6 Required Parking
21.7 Signs
ARTICLE 22 SERVICE INDUSTRIAL (I-1)
22.0 Statement of Purpose
22.1 Principal Permitted Uses
22.2 Conditionally Permitted Uses
22.3 Site and Landscape Plan Review
22.4 Screening/Buffering
22.5 Development Standards
22.6 Required Parking
22.7 Signs
22.8 Accessory Buildings
22.9 Industrial Performance Standards
22.10 Prohibition of Outside Storage and Land Use
ARTICLE 23 LIGHT INDUSTRIAL (I-2)
23.0 Statement of Purpose
23.1 Principal Permitted Uses
23.2 Site and Landscape Plan Review
23.3 Screening/Buffering
23.4 Development Standards
23.5 Required Parking
23.6 Signs
23.7 Accessory Buildings
23.8 Industrial Performance Standards
23.9 Prohibition of Outside Storage and Land Use
23.10 Conditionally Permitted Uses
ARTICLE 24 HEAVY INDUSTRIAL (I-3)
24.0 Statement of Purpose
24.1 Principal Permitted Uses
24.2 Site and Landscape Plan Review
24.3 Screening/Buffering
24.4 Development Standards
24.5 Required Parking
24.6 Signs
24.7 Accessory Buildings
24.8 Industrial Performance Standards
ARTICLE 25 MINERAL AGGREGATE DISTRICT (MG)
25.0 Statement of Purpose
25.1 Principal Permitted Uses
25.2 Conditionally Permitted Uses
25.3 Performance Standards
25.4 Amendments to the Resolution
25.5 Site and Landscape Plan Review
25.6 Screening/Buffering
25.7 Development Standards
25.8 Required Parking
25.9 Signs
25.10 Accessory Buildings
ARTICLE 26 PLANNED UNIT DEVELOPMENT REGULATIONS
26.0 Planned Unit Development Regulations
26.1 Statement of Purpose
26.2 Definition
26.3 Interpretation
26.4 PUD District Designation
26.5 Uses Permitted in a PUD District
26.6 Disposition of Open Space
26.7 Utility Requirements
26.8 Special PUD Lot Requirements
26.9 Arrangement of Commercial/Manufacturing Uses
26.10 Procedures for Approval of Planned Unit Development Districts
26.11 Pre-Application Meeting
26.12 Preliminary Development Plan Application Requirements
26.13 Criteria for Commission Recommendation
26.14 Development Policies
26.15 Site Design
26.16 Placement of Structures
26.17 Amendment Procedure
26.18 Submission of Final Development Plan
26.19 Final Development Plan Application Contents
26.20 Action by Township Trustees
26.21 Supplementary Conditions and Safeguards
26.22 Expiration and Extension of Approval Period
26.23 Changes in the Planned Unit Development
26.24 Public Hearing by Commission
26.25 Recommendation by Commission
26.26 Public Hearing by Township Trustees
26.27 Notice of Public Hearing by Township Trustees
26.28 Action by Township Trustees
26.29 Supplementary Conditions and Safeguards
26.30 Expiration and Extension of Approval Period
26.31 Changes in the Planned Unit Development
ARTICLE 27 FLOODPLAIN, FLOODWAY AND WETLAND OVERLAY
DISTRICT (F.F. & W.)
27.0 Statement of Purpose
27.1 Boundaries Further Defined
27.2 Artificial Obstruction Within Floodplain
27.3 Permissible Uses Within Floodways
27.4 Limitations on Uses Within Floodways and Floodplains
27.5 Site and Landscaping Plan Review
27.6 Reference to Flood Plain Permit
27.7 Wetlands
27.8 Permits Required
27.9 Wetland Zone Mapping
27.10 Erie Soil and Water Conservation Regulations
ARTICLE 28 SUPPLEMENTARY DISTRICT REGULATIONS
28.0 General
28.1 Conversions of Dwellings to More Than One Unit
28.2 Principal Building Per Lot
28.3 Reduction of Area or Space
28.4 Construction in Easements
28.5 Parking and Storage of Vehicles and Trailers
28.6 Required Refuse Collection Areas
28.7 Junk
28.8 Supplemental Yard and Height Regulations
28.9 Setback Requirements for Buildings on Corner Lots
28.10 Fence and Wall Restrictions in Front Yards
28.11 Yard Requirements for Multi-Family Dwellings
28.12 Exceptions to Height Regulations
28.13 Architectural Projections
28.14 Visibility at Intersections
28.15 Objectionable, Noxious or Dangerous Uses, Practices or Conditions
28.16 Enforcement Provisions
28.17 Temporary Uses
28.18 Screening/Buffering
28.19 Site Plan Review
28.20 Setback on Cul-de-sacs
28.21 Access
28.22 Setback Requirements on Non-Conforming Residential Lots
Established Prior to the Adoption of this Resolution
ARTICLE 29 SPECIAL REGULATIONS
29.0 General
29.1 Regulation of Satellite Dish Antennas
29.2 Purpose
29.3 Definitions
29.4 Zoning Permit Required
29.5 Ground Mounted Satellite Dish Antennas
29.6 Variance on Locational Characteristics
29.7 Drug Paraphernalia Establishments as Prohibited Uses
29.8 Regulations of Swimming Pools as Accessory Uses Purpose
29.9 Private Swimming Pools
29.10 Community or Club Swimming Pools
29.11 Regulation of Long Term Parking Facilities as Accessory Uses
29.12 Conditional Use Permit Required
29.13 Permit Requirements
29.14 Regulation of Home Occupations
29.15 Definition
29.16 Regulation of Group Residential Facilities
29.17 Definition
29.18 Conditional User Permit Required
29.19 Zoning of Group Residential Facilities
29.20 Variance to Distancing Requirement
29.21 Uniformity With Respect to Granting of Conditional Use Permits
29.22 Regulation of Factory Built Housing; Design and Appearance Standards
29.23 Purpose
29.24 Definitions
29.25 Siting Requirements
29.26 Zoning of Factory Built Housing
29.27 Single Family Design and Appearance Standards
29.28 Uniformity With Respect to Granting of Variances
29.29 Massage Establishments
29.30 Fences, Walls and Other Protective Barriers
ARTICLE 30 OFF-STREET PARKING AND LOADING FACILITIES
30.0 Applicability
30.1 Purpose
30.2 Off Street Parking Design Standards
30.3 Handicapped Parking
30.4 Joint Parking Lots
30.5 Modification of Requirements
30.6 Prohibited Uses; Temporary Uses
30.7 Parking of Disabled Vehicles
30.8 Schedule of Required Parking Spaces
30.9 Off-Street Storage Areas for Drive in Services
30.10 Off-Street Loading Space Requirements
30.11 Off-Street Loading Design Standards
ARTICLE 31 SIGNS
31.0 General
31.1 Governmental Signs Excluded
31.2 General Requirements for All Signs and District
31.3 Permit Required
31.4 Signs Permitted in All Districts Not Requiring a Permit
31.5 Signs Permitted in Commercial and Manufacturing Districts Requiring
a Permit
31.6 Temporary Signs
31.7 Free Standing Signs
31.8 Wall Signs Pertaining to Non-Conforming Uses
31.9 Political Signs
31.10 Portable Signs
31.11 Portable Sign Requirements and Guidelines
31.12 Sign Setback Requirements
31.13 Increased Setback
31.14 Setbacks for Off Premises Signs
31.15 Setbacks for Public and Quasi-Public Signs
31.16 Sight Triangle
31.17 Special Yard Provisions
31.18 Limitation
31.19 Non-Conforming Signs and Structures
31.20 Loss of Legal Non-Conforming Status
31.21 Violations
31.22 Aesthetic Criteria